This rule will unfortunately exclude individuals returning from statutory parental leave to an organisation which has not previously furloughed anyone. From 1 July , the number of employees in respect of which an employer may submit a claim under the CJR Scheme in any single claim period cannot exceed the maximum number of employees in respect of which the employer has previously claimed in a single claim period.
For example, if an employer had previously submitted three claims between 1 March and 30 June, in which the total number employees furloughed in each respective claim was 30, 20 and 50 employees, the maximum number of employees that the employer could furlough in any single claim starting on or after 1 July would be The employer in this example would need to continue to rotate its workforce in and out of furlough in order to cover the existing number of working hours required instead of being able to share out those working hours across the workforce.
The employer would have greater flexibility, however, to increase the frequency of rotation: for example, instead of rotating employees in and out of furlough every three weeks, the employer could now rotate the same employees in and out of furlough on a weekly basis provided the employer submits weekly claims under the CJR Scheme; see below. Employers should note that the maximum cap on the number of employees furloughed is applied slightly differently where an employer is claiming for employees returning from statutory parental leave for the first time: in this situation, the maximum number of employees is increased by the number of any employees that the employer is furloughing for the first time due to them returning from parental leave.
Prior to 1 July, the minimum period of furlough leave was three weeks. There will be no minimum period of furlough leave from 1 July. For example, an employer may agree to furlough a full-time employee for one day a week and have them work for the remaining four days in that week.
If a previously furloughed employee starts a new period of furlough before 1 July, this furlough period must still adhere to the minimum period of three consecutive weeks, regardless of whether those three consecutive weeks end after 1 July. From 1 July, employers will not be permitted to submit claims that straddle two or more calendar months; all claim periods must start and end within the same calendar month.
Therefore, an employer claiming in respect of an employee who is furloughed for a period that straddles June and July, for example from 22 June until 12 July, will need to submit a claim in respect of the period June and a separate claim in respect of the period July.
Employers have until 31 July to submit claims relating to periods of furlough taking place before 1 July. Previously, to be eligible for the grant under the CJR Scheme, only a verbal agreement was needed for an employee to be furloughed, provided the employer confirmed in writing to the employee that they have been furloughed or reached collective agreement with a trade union. This remains the case for employees who are to be furloughed on a full-time basis and the updated Guidance expressly states that an employee does not have to provide a written response to the written confirmation provided by their employer.
The Guidance is, however, unclear in relation to the consent required for an employee to be flexibly furloughed. A new employer is eligible to claim under the CJR Scheme in respect of the employees whose contracts of employment have transferred to the new employer pursuant to TUPE, provided the former employer has previously submitted a claim under the CJR Scheme in respect of those employees and they have completed a period of furlough leave of at least three consecutive weeks taking place any time between 1 March and 30 June.
However, there is no requirement that the predetermined salary be paid if the employee performs no work for an entire workweek. Deductions may not be made from the employee's predetermined salary for absences occasioned by the employer or by the operating requirements of the business. If the employee is ready, willing, and able to work, deductions may not be made for time when work is not available. Salary deductions are generally not permissible if the employee works less than a full day.
Except for certain limited exceptions found in 29 C. Deductions from the pay of an employee of a public agency for absences due to a budget-required furlough disqualify the employee from being paid on a salary basis only in the workweek when the furlough occurs and for which the pay is accordingly reduced under 29 C.
See FAQ 9 below. Physicians, lawyers, outside salespersons, or teachers in bona fide educational institutions are not subject to any salary requirements. Deductions from the salary or pay of such employees will not result in loss of the exemption.
An employer can substitute or reduce an exempt employee's accrued leave or run a negative leave balance for the time an employee is absent from work, even if it is less than a full day and even if the absence is directed by the employer because of lack of work, without affecting the salary basis payment, provided that the employee still receives payment equal to the employee's predetermined salary in any week in which any work is performed even if the employee has no leave remaining.
Can a salaried exempt employee volunteer to take time off of work due to lack of work? If the employer seeks volunteers to take time off due to insufficient work, and the exempt employee volunteers to take the day s off for personal reasons, other than sickness or disability, salary deductions may be made for one or more full days of missed work.
The employee's decision must be completely voluntary. Can an employer make prospective reduction in pay for a salaried exempt employee due to the economic downturn? An employer is not prohibited from prospectively reducing the predetermined salary amount to be paid regularly to a Part exempt employee during a business or economic slowdown, provided the change is bona fide and not used as a device to evade the salary basis requirements.
On the other hand, deductions from predetermined pay occasioned by day-to-day or week- to-week determinations of the operating requirements of the business constitute impermissible deductions from the predetermined salary and would result in loss of the exemption. The difference is that the first instance involves a prospective reduction in the predetermined pay to reflect the long term business needs, rather than a short-term, day-to-day or week-to-week deduction from the fixed salary for absences from scheduled work occasioned by the employer or its business operations.
Can an employee still be on-call or performing work at home during a furlough day? Whether on-call time is hours worked under the FLSA depends upon the particular circumstances. Generally, the facts may show that the employee was engaged to wait which is work time or the facts may show that the employee was waiting to be engaged which is not work time. For example, a secretary who reads a book while waiting for dictation or a fireman who plays checkers while waiting for an alarm is working during such periods of inactivity.
These employees have been "engaged to wait. Additional constraints on the employee's freedom could require this time to be compensated. Employees who perform part or all of their normal job duties during a furlough day are working while performing such duties.
If you read the guidance and still have a query then please discuss with your UNISON branch who will be able to advise you. Each job is separate, and the cap applies to each employer individually. Further details on government guidance on this issue can be found here. We use cookies on our website to ensure you find the information you need in the simplest way.
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